Third
Reading.................................................................................................

Royal
Assent...................................................................................................

HONOURABLECLYDEJACKMAN

Minister of Tourism,
Culture and Recreation

Ordered to be printed by
the Honourable House of Assembly

EXPLANATORY
NOTES

This Bill would amend the Rooms Act.

Clause 1 of the Bill would amend
section 2 of the Act to rename the "archives", "art
gallery" and the "museum".

Clause 2 of the Bill would amend
section 4 of the Act to expand the objects of the corporation to include
'exhibit' to those things that the corporation can now 'collect, preserve,
present and make available'.

Clause 3 of the Bill would amend
section 7 of the Act to require the deputy minister or an assistant deputy
minister of the department to serve as a member of the board of directors of
the corporation, to allow for the appointment of a treasurer and secretary to
the board and to clarify the duty of the vice-chair to act in the absence of
the chair. The clause would also repeal a spent provision.

Clause 4 of the Bill would amend section
8 of the Act to allow the board to establish and incorporate a foundation for
charitable purposes. The clause would also require the foundation to apply for
charitable status under the Income Tax
Act (Canada).

Clause 5 of the Bill would amend
section 10 of the Act to require the minister to consult with the chair before
authorizing a person to act in the place of the chief executive officer when he
or she is absent or unable to perform his or her duties.

Clause 6 of the Bill would amend
section 18 of the Act to no longer require the approval of the board for the
chief executive officer to appoint a director for a division.

Clause 7 of the Bill would amend section
20 of the Act to amend the definition of "director" to reflect the
new name of The Rooms Provincial Archives

Clause 8 of the Bill would amend the
Act to reflect the new name of the archives.

Clause 9 of the Bill would amend the
Act to reflect the new name of the archives and would remove the requirement
for the approval of the board in the appointment of the archives director.

Clauses 10 and 11 of the Bill would
amend the Act to update language to reflect the new name of the museum.

Clause 12 of the Bill would amend the
Act to remove the requirement that the board approve the appointment of the
director.

Clause 13 of the Bill would amend the
Act to add a requirement for the approval of the board of directors and the
minister before an historic artifact or natural history specimen could be moved
or destroyed.

Clauses 14 to 16 of the Bill would
amend the Act to reflect the new name of the art gallery and clause 16 would
also remove the requirement for the approval of the board for the appointment
of the director of The Rooms Provincial Art Gallery.

Clause 17 of the Bill would amend the
Act to include the requirement for the approval of the board of directors and
the minister as well as the chief executive officer before art under the care
and control of the director could be removed or destroyed.

Clause 18 of the Bill would make a
consequential amendment to the Historic
Resources Act to reflect the new name of the museum.

A BILL

AN ACT TO AMEND THE ROOMS ACT NO. 2

Analysis

1.
S.2 Amdt.
Definitions

2.
S.4 Amdt.
Objects of corporation

3.
S.7 Amdt.
Board

4.
S.8 Amdt.
Board powers and duties

5.
S.10 Amdt.
Chief executive officer

6.
S.18 Amdt.
Structure of corporation

7.
S.20 Amdt.
Definitions

8.
S.21 Amdt.
Archives continued

9.
S.22 Amdt.
Archives director

10.
S.29 Amdt.
Definitions

11.
S.30 Amdt.
Museum

12.
S.31 Amdt.
Museum director

13.
S.32 Amdt.
Destruction prohibited

14.
S.33 Amdt.
Definitions

15.
S.34 Amdt.
Art Gallery

16.
S.35 Amdt.
Art Gallery director

17.
S.36 Amdt.
Destruction prohibited

18.
RSNL1990 cH-4 Amdt.

Be it enacted by the Lieutenant-Governor and
House of Assembly in Legislative Session convened, as follows:

SNL2005 cR-15.1

1.(1) Paragraph 2(a) of the Rooms Act is repealed and the following
substituted:

(3)Paragraph 2(l) of the Act is repealed and the
following substituted:

(l)"museum"
means the The Rooms Provincial Museum referred to in section 30; and

2.Paragraph 4(a) of the Act is amended by adding
immediately after the word "present" a comma and the word "exhibit".

3.(1) Subsection 7(4) of the Act is amended
by striking out the words "a senior public servant" and substituting
the words "the deputy minister or an assistant deputy minister".

(2)Subsection 7(5) of the Act is repealed and the
following substituted:

(5)The chairperson shall appoint a vice-chair,
treasurer and secretary from among the board members in consultation with the
board.

(5.1)During the incapacity
or absence of the chairperson or during a vacancy of the chairperson, the
vice-chairperson has and may exercise the powers of the chairperson and shall
perform his or her duties.

(3)Subsection 7(8) of the Act is repealed.

4.Section 8 of the Act is amended by adding immediately
after subsection (6) the following:

(7)The board may establish and incorporate a foundation
for charitable purposes.

(8)A corporation established by the board under
the authority of subsection (7) shall apply for charitable status underthe
Income Tax Act (Canada).

5.Subsection 10(5) of the Act is amended by
adding immediately after the word "minister" the words "in
consultation with the chair".

6.Subsection 18(3) of the Act is amended by
striking out the comma after the word "may" and by striking out the
words and comma "with the approval of the board,".

7.Paragraph 20(b) of the Act is amended by
striking out the words "Director of the Provincial Archives" and
substituting the words "Director of The Rooms
Provincial Archives".

8.Subsection 21(1) of the Act is repealed and the
following substituted:

Archives
continued

21.(1) The
Provincial Archives of Newfoundland and Labrador is continued as The Rooms Provincial Archives and is a division of
the corporation.

9.Subsection 22(1) of the Act is amended by striking
out the words "Director of the Provincial Archives" and substituting
the words "Director of The Rooms Provincial Archives" and by striking
out the comma immediately after the word "appointed" and by striking
out the words and comma "with the approval of the board,".

10.Section 29 of the Act is amended by striking
out the words "Director of the Museum" and substituting the words
"Director of TheRoomsProvincialMuseum".

11.Subsection 30(1) of the Act is repealed and the
following substituted:

Museum

30.(1) The
Provincial Museum of Newfoundland and Labrador is continued as The Rooms Provincial Museum and is a division of
the corporation.

12.Subsection 31(1) of the Act is amended by
striking out the comma immediately after the word "appointed" and by
striking out the words and comma "with the approval of the board,".

13.Subsection 32(1) of the Act is amended by
striking out the words "written approval of the chief executive
officer" and substituting the words and comma "approval of the chief
executive officer, the board of directors and the minister".

14.Section 33 of the Act is amended by striking
out the words "Director of the ArtGallery"
and substituting the words "Director of The Rooms
Provincial Art Gallery".

15.Subsection 34(1) of the Act is repealed and the
following substituted:

Art Gallery

34.(1) The
Art Gallery of Newfoundland and Labrador is continued as The Rooms Provincial Art Gallery and is a division
of the corporation.

16.Subsection 35(1) of the Act is amended by
striking out the words "Director of the Art Gallery" and substituting
the words "Director of The Rooms Provincial Art Gallery" and by
striking out the comma immediately after the word "appointed" and by
striking out the words and comma "with the approval of the board,".

17.Subsection 36(1) of the Act is amended by
striking out the words "written approval of the chief executive
officer" and substituting the words and comma "approval of the chief
executive officer, the board of directors and the minister".

RSNL1990 cH-4 Amdt.

18.Paragraph 2(i) of the Historic Resources Act is repealed and the following substituted:

(i)"museum"
means The Rooms Provincial Museum referred to in section 30 of the Rooms Act;